DAOD 5029-1, Area of Selection


1. Introduction

Date of Issue: 2005-12-23

Effective Date: 2005-12-31

Date of Modification: 2009-07-24

Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members) who act as managers or supervisors of DND employees.

Supersession: DND Civilian Staffing Directive

Approval Authority: Assistant Deputy Minister (Human Resources – Civilian) (ADM(HR-Civ))

Enquiries: Director General Workforce Development (DGWD)

2. Overview

Context

2.1 An area of selection for external and internal advertised appointment processes determines who is eligible to apply, and for internal non-advertised appointments determines who has a right to recourse.

Legislative Framework

2.2 The DND shall adhere to legislation, regulations and policies that govern staffing in the public service, including:

  1. the Public Service Employment Act (PSEA);
  2. the Public Service Employment Regulations (PSER);
  3. policies established by the:
    1. Public Service Commission (PSC);
    2. Treasury Board; and
    3. Office of the Chief Human Resources Officer;
  4. the DND Directive on the Staffing of Civilian Bilingual Positions; and
  5. DND Guidelines on Staffing Options.

2.3 Pursuant to section 15 of the PSEA, the Deputy Minister (DM) of the Department of National Defence has been delegated the authority to establish an area of selection in accordance with sections 34 and 35 of that Act. The DM has further delegated this authority as set out in the Instrument of Delegation of Human Resources Authorities for Civilian Public Service Employees of National Defence.

2.4 When staffing civilian positions, managers shall determine the area of selection in accordance with the:

  1. Canadian Charter of Rights and Freedoms;
  2. Canadian Human Rights Act;
  3. Official Languages Act;
  4. Employment Equity Act; and
  5. Values and Ethics Code for the Public Service.

2.5 When determining an area of selection, managers shall also consider the:

  1. PSC Appointment Policy; and
  2. ND Area of Selection Framework.

Application

2.6 This DAOD applies to:

  1. advertised and non-advertised internal appointment processes; and
  2. advertised external appointment processes.

2.7 This DAOD does not apply to:

  1. external non-advertised appointment processes;
  2. incumbent-based appointment processes;
  3. deployments; and
  4. persons with a priority entitlement in accordance with the:
    1. PSEA; or
    2. PSER.

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3. Determination of an Area of Selection

Values

3.1 Managers shall determine the area of selection in accordance with the values and principles of fairness, access, transparency, representativeness, merit and non-partisanship while taking into consideration flexibility, affordability and efficiency.

Geographic Limitations

3.2 When establishing an area of selection for internal and external appointment processes, the DND and the CAF shall adhere to the mobility:

  1. rights guaranteed by the Canadian Charter of Rights and Freedoms;
  2. provisions of the Agreement on Internal Trade; and
  3. provisions of the Social Union Framework Agreement.

3.3 An area of selection shall not:

  1. be established along provincial or territorial boundaries; or
  2. approximate provincial or territorial boundaries.

Employment Equity

3.4 Managers shall consider the following measures to increase designated employment equity group representation:

  1. limiting the area of selection to one or more designated employment equity groups as specified in the Employment Equity Act; and
  2. expanding the area of selection using the geographic and organizational criteria to include greater numbers of designated employment equity group members.

3.5 If an area of selection is limited to one or more of the designated employment equity groups, the decision shall be supported by the:

  1. employment equity plan; or
  2. human resources plan.

Official Languages

3.6 When staffing a bilingual position, the area of selection may be expanded to ensure that a reasonable number of persons from both official language communities are included, taking into account the:

  1. nature and location of the position;
  2. public served; and
  3. DND official languages obligations.

National Area of Selection (NAOS)

3.7 A NAOS shall be established for all advertised external appointment processes across Canada.

3.8 This requirement does not apply to processes:

  1. for part-time student appointments;
  2. for appointments for a specified period of six months or less, except full-time student appointments;
  3. run subsequent to an initial, unproductive student appointment process which used a NAOS;
  4. for the re-appointment of a student in a student employment program;
  5. to employ persons not ordinarily required to work more than one third of the normal period for persons doing similar work;
  6. for employees performing duties of a seasonal nature;
  7. that are limited to members of designated employment equity groups; and
  8. for which an exception has been approved by the PSC on a case-by-case basis.

3.9 For additional information, see the PSC Area of Selection Policy.

CAF Members

3.10 For all internal advertised appointment processes, the area of selection shall include CAF members of the:

  1. Regular Force; and
  2. Reserve Force who are serving on a period of Class "B" or Class "C" Reserve Service in excess of 180 consecutive days at the time of application.

3.11 A Level 1 Advisor may approve an exception to the inclusion of CAF members.

3.12 CAF members are required to meet any other criteria as to area of selection.

Lifelines Provisions

3.13 Lifeline provisions were originally implemented to provide employment opportunities to employees who agreed to relocate with their organization from the National Capital Region (NCR) to another location in Canada, but who might wish to return to their original work location.

3.14 Currently there are two in existence: Veterans Affairs and the National Energy Board. Employees in their national headquarters offices, i.e., Charlottetown and Calgary respectively, are included in any internal advertised appointment processes open to employees or persons occupying positions in the NCR.

3.15 It should be noted that, in the case of the National Energy Board, the lifeline provisions apply only to employees who were employed in that organization prior to July 1, 1996.

4. Responsibilities

Responsibility Table

4.1 The following table identifies the responsibilities associated with areas of selection:

The ... is or are responsible for ...
DGWD
  • monitoring the application of this DAOD in accordance with the DND Staffing Management and Accountability Framework; and
  • providing advice and guidance to civilian human resources officers (HROs) relating to the application of this DAOD.
HROs
  • providing advice and guidance to managers relating to the application of this DAOD.
delegated persons
  • exercising their delegated authorities in staffing matters in accordance with this DAOD.
managers
  • complying with the requirements of this DAOD; and
  • seeking advice and guidance from HROs.

5. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

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